[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4270 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4270
To prohibit commercial exports of certain nonlethal crowd control items
and defense articles and services to the Hong Kong Disciplined
Services, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2019
Mr. McGovern (for himself, Mr. Smith of New Jersey, and Mr. Khanna)
introduced the following bill; which was referred to the Committee on
Foreign Affairs
_______________________________________________________________________
A BILL
To prohibit commercial exports of certain nonlethal crowd control items
and defense articles and services to the Hong Kong Disciplined
Services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Placing Restrictions on Teargas
Exports and Crowd Control Technology to Hong Kong Act'' or the
``PROTECT Hong Kong Act''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) During the 2019 anti-extradition bill and pro-democracy
protests, the Hong Kong Police Force used non-lethal crowd
control articles such as water cannon trucks, tear gas, rubber
bullets, sponge grenades, beanbag rounds, batons, pepper spray,
pepper balls, and projectile launchers.
(2) The United Nations High Commissioner for Human Rights,
along with human rights organizations, have called for an
investigation of the use of crowd control tactics used in Hong
Kong which fall short of international standards, including the
United Nations Code of Conduct for Law Enforcement Officials
and the Basic Principles on the Use of Force and Firearms for
Law Enforcement Officials.
(3) United States companies received export licenses to
sell the Hong Kong Police Force munitions and non-lethal crowd
control defense articles and services and at least some of
those articles were used by the police unnecessarily and
disproportionately during largely peaceful demonstrations.
(4) The Government of the United Kingdom suspended export
licenses for the sale of tear gas and other non-lethal crowd
control equipment to Hong Kong until concerns about human
rights abuses are addressed by the Hong Kong Special
Administrative Region government.
(5) The European Parliament adopted a resolution calling on
European governments and the international community to impose
export-control mechanisms to deny the Hong Kong and Chinese
governments access to technologies used to violate basic
rights.
(6) Hong Kong citizens and the international community have
called for changes to the Hong Kong Police's crowd control
tactics and these requests have gone unheeded by the Hong Kong
Special Administrative Region government.
(b) Statement of Policy.--It is the policy of the United States--
(1) to restrict the export of security assistance and crime
control and detection instruments and equipment to any country
the government of which engages in a consistent pattern of
gross violations of internationally recognized human rights as
required by section 502B(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2304(a)); and
(2) to use export controls on crime control and detection
instruments and equipment to deter the development of a
consistent pattern of human rights abuses, distance the United
States from such abuses, and avoid contributing to civil
disorder in a country or region in accordance with section
742.7(b) of part 774 of subtitle B of title 15, Code of Federal
Regulations.
SEC. 3. PROHIBITION ON COMMERCIAL EXPORT OF COVERED DEFENSE ARTICLES
AND SERVICES AND COVERED MUNITIONS ITEMS TO THE HONG KONG
DISCIPLINED SERVICES.
(a) In General.--Except as provided in subsection (b), beginning on
the date that is 30 days after the date of the enactment of this Act,
the President shall prohibit the issuance of licenses to export covered
defense articles and services and covered munitions items to the Hong
Kong Disciplined Services.
(b) Exception.--The prohibition in subsection (a) shall not take
effect if--
(1) the President certifies to the appropriate
congressional committees before the date specified in such
subsection (a) that--
(A) extraordinary circumstances exist that
necessitate the continuation of the export of covered
defense articles and services and covered munitions
items to the Hong Kong Disciplined Services and
includes a description of such circumstances; or
(B) exports of covered defense articles and
services and covered munitions items to parts of the
Hong Kong Disciplined Services other than the Hong Kong
Police Force are required to advance United States
foreign policy goals and includes--
(i) a description of the articles,
services, and items; and
(ii) the number of articles, services, and
items required to meet such goals; or
(2) the President has issued an Executive order under
section 202 of the United States-Hong Kong Policy Act of 1992
(22 U.S.C. 5722) before the date specified in such subsection
(a) suspending the application of section 201(a) of such Act to
any United States law related to the sale of covered defense
articles and services and covered munitions items to the Hong
Kong Disciplined Services.
SEC. 4. REPORT ON COVERED DEFENSE ARTICLES AND SERVICES AND COVERED
MUNITIONS ITEMS EXPORTED TO THE HONG KONG DISCIPLINED
SERVICES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Commerce and the heads of other relevant Federal
departments and agencies, shall submit to the appropriate congressional
committees a report that lists and provides a description of all
covered defense articles and services and covered munitions items
exported to the Hong Kong Disciplined Services during the five-year
period ending on such date of enactment.
(b) Form.--The report required by subsection (a) shall be--
(1) submitted in unclassified form; and
(2) submitted as either a separate written report or as an
annex to testimony offered by Department of State officials
before one or more of the appropriate congressional committees.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Covered defense articles and services.--The term
``covered defense articles and services'' means defense
articles and defense services designated by the President under
section 38(a)(1) of the Arms Export Control Act (22 U.S.C.
2778(a)(1)).
(3) Covered munitions items.--The term ``covered munitions
items'' means--
(A) items controlled under section 742.7 of part
742 of subtitle B of title 15, Code of Federal
Regulations (relating to crime control and detection
instruments and equipment and related technology and
software); and
(B) items listed under the ``600 series'' of the
Commerce Control List contained in Supplement No. 1 to
part 774 of subtitle B of title 15, Code of Federal
Regulations.
(4) Hong kong.--The term ``Hong Kong'' has the meaning
given such term in section 3 of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5702).
(5) Hong kong disciplined services.--The term ``Hong Kong
Disciplined Services'' means--
(A) the Hong Kong Police Force;
(B) the Hong Kong Auxiliary Police Force;
(C) the Hong Kong Immigration Department;
(D) the Hong Kong Customs and Excise Department;
(E) the Hong Kong Fire Services Department;
(F) the Hong Kong Correctional Services Department;
and
(G) the Hong Kong Government Flying Service.
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